Immigration Department Arrests 24 in Anti-Illegal Worker Operations Across Hong Kong

36 persons arrested during anti-illegal worker operations

The Immigration Department (ImmD) mounted a series of territory-wide anti-illegal worker operations including joint operations with the Hong Kong Police Force codenamed "Champion", a joint operation with the Food and Environmental Hygiene Department and the Leisure and Cultural Services Department codenamed "Flabbergast" and joint operations with the Hong Kong Police Force and the Hong Kong Customs from February 6 to yesterday (February 15). A total of 24 suspected illegal workers, nine suspected employers and three suspected aiders and abettors were arrested.

During the anti-illegal worker operations at various Lunar New Year fairs, ImmD officers raided multiple stalls at the events. Twelve suspected illegal workers and six suspected employers were arrested. The arrested suspected illegal workers comprised four men and eight women, aged 18 to 52. They were found selling goods at the stalls. Two men and four women, aged 33 to 49, were suspected of employing the illegal workers. Apart from mounting enforcement operations, ImmD deployed a promotional vehicle and ImmD officers to distribute "Don't Employ Illegal Workers" leaflets and convey the message to Chinese New Year fair stall owners and other retailers across the territory.

During other anti-illegal worker operations, ImmD officers raided multiple target locations including restaurants, retail stores and garages etc. Twelve suspected illegal workers were arrested. The arrested suspected illegal workers comprised three men and nine women, aged 20 to 54. Among them, two men and two women were holding recognisance forms which prohibit them from taking any employment, with one woman also being suspected of using and being in possession of a forged Hong Kong identity card. The arrested suspected illegal workers were found performing dishwashing, garage mechanic and goods loading duties. Two men and one woman, aged 35 to 65, were suspected of employing the illegal workers and were also arrested. Furthermore, the suspected aiders and abettors arrested were three men aged 42 to 45. An investigation into the suspected employers is ongoing, and the possibility of further arrests is not ruled out.

An ImmD spokesman said, "Any person who contravenes a condition of stay in force in respect of him or her shall be guilty of an offence. Also, visitors are not allowed to take employment in Hong Kong, whether paid or unpaid, without the permission of the Director of Immigration. Offenders are liable to prosecution and upon conviction face a maximum fine of $50,000 and up to two years' imprisonment. Aiders and abettors are also liable to prosecution and penalties."

The spokesman warned, "As stipulated in section 38AA of the Immigration Ordinance, an illegal immigrant, a person who is the subject of a removal order or a deportation order, an overstayer or a person who was refused permission to land is prohibited from taking any employment, whether paid or unpaid, or establishing or joining any business. Offenders are liable upon conviction to a maximum fine of $50,000 and up to three years' imprisonment. As stipulated in section 20(1)(a) of the Immigration Ordinance, the Chief Executive may make a deportation order against an immigrant, prohibiting the immigrant from being in Hong Kong at any time thereafter if the immigrant has been found guilty in Hong Kong of an offence punishable by imprisonment for not less than two years. Under the prevailing laws, it is an offence to use or possess a forged identity card or a identity card related to another person. Offenders are liable to prosecution and upon conviction face a maximum fine of $100,000 and up to 10 years' imprisonment."

The spokesman stressed that it is a serious offence to employ people who are not lawfully employable. Under the Immigration Ordinance, the maximum penalty for an employer employing a person who is not lawfully employable, i.e. an illegal immigrant, a person who is the subject of a removal order or a deportation order, an overstayer or a person who was refused permission to land, has been significantly increased from a fine of $350,000 and three years' imprisonment to a fine of $500,000 and 10 years' imprisonment to reflect the gravity of such offences. The director, manager, secretary, partner, etc, of the company concerned may also bear criminal liability. The High Court has laid down sentencing guidelines that the employer of an illegal worker should be given an immediate custodial sentence.

According to the court sentencing, employers must take all practicable steps to determine whether a person is lawfully employable prior to employment. Apart from inspecting a prospective employee's identity card, the employer has the explicit duty to make enquiries regarding the person and ensure that the answers would not cast any reasonable doubt concerning the lawful employability of the person. The court will not accept failure to do so as a defence in proceedings. It is also an offence if an employer fails to inspect the job seeker's valid travel document if the job seeker does not have a Hong Kong permanent identity card. Offenders are liable upon conviction to a maximum fine of $150,000 and to imprisonment for one year. In that connection, the spokesman would like to remind all employers not to defy the law by employing illegal workers. The ImmD will continue to take resolute enforcement action to combat such offences.

Under the existing mechanism, the ImmD will, as a standard procedure, conduct an initial screening of vulnerable persons, including illegal workers, illegal immigrants, sex workers and foreign domestic helpers, who are arrested during any operation with a view to ascertaining whether they are trafficking in persons (TIP) and/or forced labour victims. When any TIP and/or forced labour indicator is revealed in the initial screening, the ImmD officers will conduct a full debriefing and identification by using a standardised checklist to ascertain the presence of TIP and/or forced labour elements. Identified TIP and/or forced labour victims will be provided with various forms of support and assistance, including urgent intervention, medical services, counselling, shelter or temporary accommodation and other supporting services. The ImmD calls on TIP and/or forced labour victims to report crimes to the relevant departments immediately.

For reporting illegal employment activities, please call the dedicated hotline 3861 5000, by fax at 2824 1166, email to anti_crime@immd.gov.hk, or submit "Online Reporting of Immigration Offences" form at www.immd.gov.hk.

The Immigration Department mounted a series of territory-wide anti-illegal worker operations from February 6 to yesterday (February 15). Photo shows the department's promotional vehicle broadcasting the message of "Employing Illegal Workers is an Offence". Source: HKSAR Government Press Releases

The Immigration Department mounted a series of territory-wide anti-illegal worker operations from February 6 to yesterday (February 15). Photo shows Immigration Task Force officers distributing "Don't Employ Illegal Workers" leaflets to retailer. Source: HKSAR Government Press Releases

The Immigration Department mounted a series of territory-wide anti-illegal worker operations from February 6 to yesterday (February 15). Photo shows Immigration Task Force officers distributing "Don't Employ Illegal Workers" leaflets to Chinese New Year fair stall owner. Source: HKSAR Government Press Releases

The Immigration Department mounted a series of territory-wide anti-illegal worker operations from February 6 to yesterday (February 15). Photo shows suspected illegal workers arrested during an operation. Source: HKSAR Government Press Releases

Employers, contractors and employees should be aware of electrical safety at work during rainstorms

As the rainstorm warning has been issued by the Hong Kong Observatory, the Labour Department (LD) reminds employers and contractors that they should adopt necessary work arrangements and take suitable safety measures to protect the safety of their employees when they are carrying out electrical work or handling electrical plant.

The Labour Department (LD), Photo source: reference image

A spokesman for the LD said today (April 4) that employers and contractors should avoid assigning employees to carry out electrical work (such as electric arc welding work) or handle electrical plant at places affected by rainstorms, and should refer to the "Code of Practice in Times of Adverse Weather and 'Extreme Conditions'" and the "Guide on Safety at Work in times of Inclement Weather" issued by the LD.

Even if electrical work is carried out or electrical plant is handled at places not affected by a rainstorm, suitable safety measures must still be adopted to prevent an electric shock as the air would be more humid. Such measures include:

(i) Ensure that all live parts of an electrical installation are isolated from the power supply source and rendered dead, and the isolation from the power supply source must be maintained as long as electrical work is being carried out;

(ii) Before carrying out any electrical work or handling any electrical plant, cut off and lock out the power supply source, then test the circuit concerned to confirm that it is dead and display suitable warning notices, and issue a work permit thereafter;

(iii) Ensure that protective devices (such as suitable and adequate fuses and circuit breakers) for the electrical installations or electrical plant have been installed and maintained in good working order, and portable electric tools must be double-insulated or properly earthed;

(iv) Provide suitable personal protective equipment such as insulating gloves and insulating mats for employees; and

(v) If live electrical work is unavoidable, a comprehensive risk assessment should be conducted by a competent person and the appropriate safety precautions should be taken to remove or properly control the electrical hazards involved before such work can proceed.

In addition, employees should co-operate with the employer or contractor to follow the safety instructions and use the safety equipment provided.

The LD has published guidebooks and leaflets on electrical work safety. These safety publications are available free from divisional offices of the department or can be downloaded from its website (www.labour.gov.hk/eng/public/content2_8.htm).

Should there be any questions about occupational safety and health matters, please contact the Occupational Safety Officer of the LD at 2559 2297.

Photo source: reference image